Appealing Driver Licence Suspension in NSW
You can appeal to the Local Court against a licence suspension if you are suspended for the following reasons:
- Speeding more than 40 km/hr over the speed limit
- Speeding more than 45 km/h over the speed limit
- Driving with a low, novice, special or low range prescribed concentration of alcohol
- Driving with an illicit substance present in your oral fluid, blood, or urine
- Suspension received on the spot by a police officer
Appealing a Transport for NSW suspension (TfNSW)
If you are suspended by TfNSW, you will be sent a letter advising you the date your suspension period is due to commence and the duration of your suspension period.
If you wish to appeal this suspension, you must file your appeal within 28 days from the date you received the letter. Once you appeal, the suspension will be paused and you can continue driving until your court date.
Learner or Provisional Driver
You may also appeal against a suspension if you are a provisional or learner licence holder and Transport for NSW (formerly knowns as RMS) suspended your licence due to the loss of too many demerit points.
Full Licence Holder
If you are a full licence holder and have incurred 13 demerit points or more, you will be suspended and you cannot appeal this suspension. You will be sent a letter advising you of the date your suspension period is due to commence and the duration of your suspension period.
However, you can instead elect a 12-month good behaviour period on your licence. You must apply to elect this good behaviour period before your suspension is due to commence. Once you have elected this option, you cannot withdraw your election. This can be done by going onto Service NSW and applying online.
Immediate Licence Suspension issued by a Police Officer
If you choose to appeal the suspension issued by a police officer, you must file the appeal within 28 days of receiving the Notice of Suspension. You remain suspended and must not drive until the court outcome.
Immediate licence suspensions are ‘appealable decisions’ under section 267 of the Road Transport Act.
The Local Court has the power to do the following:
- Set aside the suspension,
- Vary the suspension,
- Confirm the suspension, or
- Make any other order ‘as seems just to the Court in the circumstances.
The law states that the court is not to vary or set aside an immediate suspension unless it is satisfied that there are ‘exceptional circumstances’ which justify doing so.
Before appealing your licence suspension, you should always get legal advice. If you have been suspended from driving or seeking to appeal your licence suspension, Call Criminal Lawyers Sydney on (02) 9152 8610 to arrange a consultation with an experienced traffic lawyer.
